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2003 DIGILAW 286 (CAL)

GORACHAND MUKHERJEE v. GAUTAM BANDOPADHYAY

2003-06-13

DEBIPRASAD SENGUPTA

body2003
DEBIPRASAD SENGUPTA, J. ( 1 ) IT is submitted by the learned Advocate of the petitioners as also the learned Advocate of the complainant/opposite party No. 1 that the dispute between the parties has been amicably settled and they do not want to proceed any further with the revisional application. An application has been filed for recording compromise affirmed by both the parties. ( 2 ) IT is submitted by the learned Advocate of the complainant/ opposite party No. 1 that the complainant has received the entire amount involved in the present case from the accused persons and as such, he is not willing to proceed any further with the present G. R. Case No. 215 of 2000. ( 3 ) THE learned Advocate appearing for the petitioners relies upon a judgment of the Hon'ble Supreme Court reported in 2003 Calcutta Criminal law Reporter (SC) 498 (B. S. Joshi and Ors. v. State of Haryana and Anr. ). In the said judgment, it was held that the High Court in exercise of its inherent power can quash a criminal proceedings of F. I. R. or complaint where the dispute has been settled between the parties, although offences are non-compoundable, and Section 320, Cr. P. C. does not limit or affect the powers under Section 482, Cr. RC. ( 4 ) CONSIDERING the facts and circumstances of the case, I allow the prayer of the parties and quash the proceeding being G. R. Case No. 215 of 2000 arising out of Shakespeare Sarani RS. Case No. 29 dated 20. 1. 2000 under Sections 408/477a/468/120b of the Indian Penal Code now pending before the learned Metropolitan Magistrate, 9th Court, Calcutta. ( 5 ) LET the affidavit affirmed by both the learned Advocates of the parties be kept on record. ( 6 ) THE present revisional application is accordingly disposed of. ( 7 ) LET this order be communicated to the Court below by a special messenger at the cost of the petitioners, which should be put in by next monday.